India may not be as developed as other Western nations, but the laws in place are quite strong here, and every individual in the country has some legal laws that allow them to live freely. Other than that though, there are specific laws that only women have, especially wives in India, and if you always wanted to know more about that, well fortunately, we will be talking about just that. So why not get started right away? Here we go.
Right to Matrimonial Home
It is a given fact in India that a wife has the right to be in her matrimonial home, that is, the house where she, along with her husband lives. Apart from this, she is entitled to remain in such a place even if he dies or if they divorce one another until she has another secure place to go to, you know? All in all, whether the house is owned by her husband or his parents, or even if it is a rented house, she is the one who has the right to stay there no matter what.
Right to Maintenance and Alimony
A wife can demand the husband’s financial help if their marriage doesn’t pull through. This is called “maintenance” or “alimony.” These are usually her living expenses as well as for the kids who are there because of their marriage. Though, the amount of money she can get depends on how much she spends, along with her husband, on their lifestyle.
Right to Streedhan
Streedhan is the term that refers to anything offered by the husband, in-laws, or family of the wife during her marriage such as gifts, money, precious stones, or any type of property, etc. And sure, legally, all these items shall become the wife’s property and she shall have full rights over them even if the marriage gets dissolved, you know? If someone tries to take her Streedhan away from her, then the person who does so will face the consequences of the law, that’s for sure.
Property Rights
In matters of property, a wife has some rights in India. Like what? Well, in case her husband dies without a will, she will have the right to inherit his property like other family members. And just like that, the daughters also have the right to the property of their parents, so it is not just the boys who get to inherit all the properties. Talking in legal language, according to the new law, the daughter (whether married or not) has the same rights as the boys to inherit their father’s property. Simple as that.
Right To Be Free From Domestic Violence
As per the law and constitution of India, it is absolutely a crime to abuse women in the home, so yes, they have the right to be free from domestic violence. But how does that work? Well, domestic violence includes physical harm, emotional abuse, sexual assault, and even financial domination. If a wife comes across any of these problems, she can act against her husband and his family. Like, she can file a complaint against them in court, where they will be bound to protect her. Moreover, there are helplines and support groups that can be a source of help for her in such a hard time, you know?
Right To Seek Divorce
In India, if a wife is unhappy with her marriage, she has the legal right to ask for a divorce. Though, oftentimes it is seen that there is no need for her husband to be part of this decision. There are several grounds for which she can seek a divorce, such as cruelty, infidelity, or being kicked out of the house. But it is not like the husband doesn’t have a say in India, let’s say both, the wife and the husband decide to end their marriage mutually, then they can surely do that without any issues at all.
Right to Abortion
And did you know that a wife has the exclusive right to decide if she is going to keep the pregnancy a secret or disclose it? And yes, she can have an abortion without her husband’s permission. In India, 24 weeks is the pregnancy period allowed for abortion, but past 24 weeks, if there are exceptional reasons, a woman can get an abortion through the court. While there is so much debate going on about abortion rights in the West, in India, we have such rights open and clear.
Right to Child Custody
Just so you know, the Indian law generally prioritizes the mother when it comes to children, particularly when the child is very young (under five years of age). And sure, a wife has the right to raise her children and care for them and if the mother and father choose to separate, she can claim custody of her children. Though, the courts invariably do whatever is most appropriate for the child, but primarily the mother’s rights and her child’s needs are taken into consideration, well most of the time.
Right to Report Dowry and Harassment
The dowry system exists in certain Indian societies even though it is illegal. A wife has the right to tell such demands to her husband or family. She can also report any harassment related to this dowry, including threats and violence. The law is very clear on this and it punishes those people who demand or give dowries. And sure, women being abused because of this situation can use this power of reporting to protect themselves from being victims in the first place by such violence.
Conclusion
That’s all there is for now. Well, when you are searching for the specific rights that a wife has in India, these are by far the most important rights you should know about. These are the very laws that protect women in their homes, give them power to control their situation, and also seek help in case some abusive situation is going on with them.
